Court No. - 42

Case :- GOVERNMENT APPEAL No. - 566 of 2022

Appellant :- State of U.P.

Respondent :- Nirbhai @ Nirbhan Singh S/O Har Singh And

Another

Counsel for Appellant :- Shiv Kumar Pal

Hon'ble Vivek Kumar Birla,J.

Hon'ble Rahul Chaturvedi,J.

Re: Criminal Misc. Application (Leave to Appeal)

1. Heard Mr. Ratan Singh, learned AGA appearing for the

appellant-State of UP and perused the record.

2. This Government Appeal has been preferred against the

judgement and order dated 04.6.2022 passed by the District &

Sessions Judge, Lalitpur in Session Trial No. 22 of 2013 (State

vs. Nirbhai @ Nirbhan Singh and another), arising out of Case

Crime No. 155 of 2012, under Sections 304/34, 504, 506 IPC,

P.S. Kotwali Lalitpur, District Lalitpur, whereby the accused

persons have been acquitted from the charges under Section 304

and 504 IPC convicting them u/s 323 and 506(2) I.P.C., but

after giving the benefit u/s 4 of The Probation of Offenders Act

the accused persons have been released on one year probation

period.

3. Prosecution story, in nutshell is that the complainant Moti

son of Bhairav Lodhi has given a written report alleging therein

that on 30.01.2012 when he was taking food